First Substitute H.B. 93

Senator John L. Valentine proposes the following substitute bill:

1 TRAFFIC VIOLATIONS AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jeremy A. Peterson
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by amending provisions relating to accepting a plea
10 for certain traffic violations.
11 Highlighted Provisions:
12 This bill:
13 . defines serious bodily injury;
14 . provides that if a person has received a citation for a moving traffic violation that
15 resulted in a collision and any person involved in the collision sustained serious
16 bodily injury or death as a proximate result of the collision, a court may not accept a
17 plea of guilty or no contest to a charge for the moving traffic violation unless the
18 prosecutor agrees to the plea;
19 . requires a peace officer that issues a citation for a moving traffic violation to record
20 on the citation whether the moving traffic violation resulted in a collision in which
21 any person involved in the collision sustained serious bodily injury or death as a
22 proximate result of the traffic collision; and
23 . makes technical corrections.
24 Money Appropriated in this Bill:
25 None

26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 41-6a-202, as renumbered and amended by Laws of Utah 2005, Chapter 2
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 41-6a-202 is amended to read:
34 41-6a-202. Violations of chapter -- Penalties.
35 (1) As used in this section, "serious bodily injury" is as defined in Section 41-6a-401.3 .
36 [(1)] (2) A violation of any provision of this chapter is a class C misdemeanor, unless
37 otherwise provided.
38 [(2)] (3) A violation of any provision of Parts 2, 11, 17, and 18 of this chapter is an
39 infraction, unless otherwise provided.
40 (4) (a) If a person has received a citation for a moving traffic violation under this
41 chapter that resulted in a collision and any person involved in the collision sustained serious
42 bodily injury or death as a proximate result of the collision, a court may not accept a plea of
43 guilty or no contest to a charge for the moving traffic violation unless the prosecutor agrees to
44 the plea:
45 (i) in open court;
46 (ii) in writing; or
47 (iii) by another means of communication which the court finds adequate to record the
48 prosecutor's agreement.
49 (b) A peace officer that issues a citation for a moving traffic violation under this
50 chapter shall record on the citation whether the moving traffic violation resulted in a collision
51 in which any person involved in the collision sustained serious bodily injury or death as a
52 proximate result of the traffic collision.

[Bill Documents]